Joshua C. Gillette is a Partner in HDRB&B’s Litigation and Criminal Defense Departments. He represents businesses, corporate executives, financial services professionals, and high-net-worth individuals in high-stakes commercial litigation, white collar criminal defense, securities enforcement matters, and appeals. A trial and appellate lawyer with more than 30 years of experience, Josh has represented clients in federal and state courts in New York, New Jersey, and around the country, where he handles complex business disputes, government investigations, and parallel civil, criminal, and regulatory proceedings carrying significant legal, financial, and reputational consequences.

Having practiced at, alongside, and opposite leading national firms, Josh draws on decades of experience across a wide range of disputes to protect clients’ interests at every stage of a case. Josh’s ability to make complex positions clear and persuasive has made him a trusted advocate in commercial and criminal matters, as trial counsel in numerous jury trials, bench trials, and arbitrations, and as appellate counsel briefing and arguing appeals.

Josh’s business litigation practice encompasses a broad range of disputes including fraud, breach of contract, shareholder disputes, and employment matters. After a multi-week arbitration he secured full recovery and more than $1 million in attorney’s fees against a division of a Fortune 100 corporation. He has also obtained summary judgment holding corporate officers and directors liable for fiduciary breach, and won termination of a contract action against an expert witness after disqualifying opposing counsel.

His white-collar practice includes representing corporations, executives, and individuals in federal and state criminal investigations and prosecutions, internal investigations, and proceedings before the Securities and Exchange Commission (SEC).

Josh also has a distinguished appellate practice, briefing and arguing significant matters before state and federal appellate courts, including State v. Hreha and State v. Dispoto in the New Jersey Supreme Court and Rountree v. Balicki in the Third Circuit Court of Appeals.

Josh is the immediate Past President (2025-26) of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ), the state’s principal criminal defense bar association. In that role he led an amicus effort and coordinated defense litigation successfully challenging the appointments of the leadership of the New Jersey United States Attorney’s Office, culminating in disqualification rulings by the trial court and Third Circuit.

Prior to joining HDRB&B, Josh practiced at several prominent law firms, including Fried, Frank, Harris, Shriver & Jacobson LLP; Kagen, Caspersen & Bogart PLLC; and Gibbons P.C. He earned his J.D. from Harvard Law School after graduating cum laude from Columbia University. Following law school, he served as a law clerk to the Honorable Ernest C. Torres of the United States District Court for the District of Rhode Island.

Representative Matters

  • Won full recovery, dismissal of multimillion-dollar counterclaims, and award of more than $1 million in attorney’s fees for the founder of an online business in arbitration against a division of a Fortune 100 corporation.
  • Won summary judgment holding the officers and directors of a public company liable for breach of fiduciary duty in a minority shareholders’ challenge to a cash-out merger in Oklahoma federal court.
  • Won termination of a contract action against an expert witness in New Jersey state and federal court after obtaining the disqualification of opposing counsel; secured dismissal of contract and tort claims, defeated a judicial recusal motion.
  • Won dismissal of a $65 million claim against a manufacturer in New Jersey state court based on a forum-selection provision.
  • Won denial of a default judgment sought by South American soccer’s governing confederation against a sports marketing company in New York state court litigation arising from the FIFA corruption scandal.
  • Successfully challenged an $84 million ERISA judgment on behalf of a national insurance company.
  • Represented amicus ACDL-NJ in successful challenge to the unlawful appointment of New Jersey’s U.S. Attorney, resulting in court ruling disqualifying the Acting U.S. Attorney, affirmed by the Third Circuit (United States v. Giraud), and in subsequent challenge to government’s allocation of U.S. Attorney’s powers to three unconfirmed appointees, resulting in court ruling disqualifying the appointees (United States v. Naviwala).
  • Persuaded the Third Circuit to vacate a client’s federal sentence based on errors in the Sentencing Guidelines calculation.
  • Briefed and argued federal habeas appeal before the Third Circuit.
  • Persuaded the New Jersey Supreme Court, on behalf of amicus ACDL-NJ, to adopt the defense bar’s proposed rule governing confessions induced by promises of leniency (State v. Hreha).
  • Represented amicus ACDL-NJ in State v. Dispoto, in which the New Jersey Supreme Court affirmed the suppression of evidence seized pursuant to an invalid search warrant.
  • Represented amicus ACDL-NJ in State v. Pena-Flores, in which the New Jersey Supreme Court reaffirmed the warrant requirement for roadside automobile searches.
  • Represented the ACLU as amicus in In re Kendall, in which the Third Circuit vacated a judge’s criminal contempt convictions on First Amendment grounds.
  • Defended individual in a seven-week federal insider trading jury trial.
  • Defended individual in federal bribery jury trial.
  • Defended individual in New Jersey state insurance fraud trial.
  • Represented homeowners in derivative action against HOA officers in California state court trial.
  • Represented corporations and individuals in federal and state criminal investigations, including grand jury proceedings, a Manhattan District Attorney investigation, and an internal investigation for a State-appointed monitor.
  • Represented investment adviser’s head trader in SEC investigation.
  • Represented college student in a Title IX harassment proceeding.
  • Secured clemency for a wrongfully convicted prisoner.

Representative Decisions

  • United States v. Naviwala, 825 F. Supp. 3d 451 (D.N.J. 2026) 
  • United States v. Giraud, 795 F. Supp. 3d 560 (D.N.J. 2025), aff’d, 160 F.4th 390 (3d Cir. 2025)
  • Kiehl v. Cavicchio, 2023 N.Y. Misc. LEXIS 3369 (N.Y. Sup. Ct. July 12, 2023); 2024 N.Y. Misc. LEXIS 61499 (N.Y. Sup. Ct. Mar. 20, 2024)
  • Packlane, Inc. v. Best & Flanagan, LLP, 2023 U.S. Dist. LEXIS 207769 (N.D. Cal. Nov. 20, 2023)
  • L’Oréal USA, Inc. v. Wormser Corp., 2020 N.J. Super. Unpub. LEXIS 987 (Law Div. May 13, 2020), aff’d as modified, 2021 N.J. Super. Unpub. LEXIS 540 (App. Div. Mar. 31, 2021)
  • Collini v. National Med. Consultants, PC, 2019 N.J. Super. Unpub. LEXIS 1268 (App. Div. June 4, 2019)
  • Estate of Grieco v. Nat’l Med. Consultants, P.C., 2018 U.S. Dist. LEXIS 163357 (D.N.J. Sept. 21, 2018); 2020 U.S. Dist. LEXIS 267683 (D.N.J. Jan. 31, 2020); 2021 U.S. Dist. LEXIS 66001 (D.N.J. Apr. 5, 2021)
  • SFF-TIR, LLC v. Stephenson, 250 F. Supp. 3d 856 (N.D. Okla. 2017); 262 F. Supp. 3d 1165 (N.D. Okla. 2017); 264 F. Supp. 3d 1148 (N.D. Okla. 2017); 265 F. Supp. 3d 1265 (N.D. Okla. 2017)
  • Allstate Ins. Co. v. Northfield Med. Ctr., P.C., 2015 N.J. Super. Unpub. LEXIS 1018 (App. Div. May 4, 2015)
  • State v. Hreha, 217 N.J. 368 (2014)
  • In re Kendall, 712 F.3d 814 (3d Cir. 2013)
  • United States v. Friedman, 658 F.3d 342 (3d Cir. 2011)
  • State v. Rountree, 388 N.J. Super. 190 (App. Div. 2006); Rountree v. Balicki, 640 F.3d 530 (3d Cir. 2011), cert. denied, 132 S. Ct. 533 (2011)
  • SEC v. Teo, 2009 U.S. Dist. LEXIS 49537 (D.N.J. June 11, 2009); 2010 U.S. Dist. LEXIS 81543 (D.N.J. Aug. 10, 2010); 2010 U.S. Dist. LEXIS 112074 (D.N.J. Oct. 20, 2010); 2011 U.S. Dist. LEXIS 103413 (D.N.J. Sept. 12, 2011), aff’d, 746 F.3d 90 (3d Cir. 2014), cert. denied, 574 U.S. 1011 (2014) 
  • State v. J.G., 201 N.J. 369 (2010)
  • State v. Pena-Flores, 198 N.J. 6 (2009)
  • State v. Dispoto, 189 N.J. 108 (2007)
  • Harris Trust & Sav. Bank v. John Hancock Mut. Life Ins. Co., 137 F. Supp. 2d 351 (S.D.N.Y. 2001)

Professional Affiliations

  • Association of Criminal Defense Lawyers of New Jersey, Member
    • Past President (2025-2026)
  • New York City Bar, Member

Publications

  • “Federal Honest Services Mail Fraud: The Defining Role of the States,” New Jersey Lawyer, 2008, (cited by the Columbia Law Review Forum, Temple Law Review, and Albany Law Review)
  • Co-author, “Federal Sentencing: U.S. Supreme Court Continues to Expand Opportunities for Zealous Advocacy,” New Jersey Law Journal, 2009
  • Federal Criminal Defendants: Ask Not What Madoff Will Do to You, Ask What You Can Do Under Booker,” ABA Newsletter, July 2009

Speaking Engagements

  • New York City Bar Association, Bridge-the-Gap Program: New Jersey Criminal Practice, 2011–2019
  • Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ), Super Saturday Seminar: Updates to Miranda Law, 2010
  • Association of Corporate Counsel, Greater New York Chapter, “Preparing for the Storm: Addressing Whistleblowers and Claims of Business Fraud While Managing Corporate Investigations,” 2009

Education

  • Harvard Law School, J.D., 1994
  • Columbia University, B.A., cum laude, 1990

Clerkship

  • The Honorable Ernest C. Torres, United States District Court for the District of Rhode Island, 1994-1995

Admissions

  • New York
  • New Jersey
  • Massachusetts
  • U.S. Supreme Court
  • U.S. Courts of Appeals
    • Second Circuit
    • Third Circuit
  • U.S. District Courts
    • District of New Jersey
    • District of Massachusetts
    • Southern District of New York
    • Eastern District of New York
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